Small claims court hearing

[HYG]

Apologies if this question has been asked else where but I could not find a relevant topic using the search option.

I have a claim issued against me (MCOL) which has now been allocated to a County Court. I am disputing that any monies are owed.

I have been allocated a date for the hearing and offered the option of Mediation. As I am disputing that I owe any monies to the claimant and have proof that none were received
should I accept or reject Mediation.

Would not going ahead with Mediation be frowned upon and count against me in Court?

Thank you for your help.

[Arcadian]

Re: Mediation

You don't have to accept mediation but it's strongly encouraged.

As far as I understand it, if you end up going to court without having been open to the possibility of early resolution, then it could count against you if/when costs are awarded.

[HYG]

Re: Mediation

Thank you for your reply.

From what I have gathered from this site, one of the questions I will be asked is whether I have sufficient information to go to Mediation. At this point can I request proof/evidence of the claim being made?

Thanks in advance.

[Arcadian]

Re: Mediation

Thank you for your reply.

From what I have gathered from this site, one of the questions I will be asked is whether I have sufficient information to go to Mediation. At this point can I request proof/evidence of the claim being made?

Thanks in advance.

You can and should ask for any documents mentioned in the Particulars of Claim as soon as possible.

What are the Particulars? Can you type them out on here, removing personal details?

[HYG]

Re: Mediation

I can update the site with more details/particulars of the claim this evening as I do not have the paperwork at hand.

I did request that the claimant particularize the claim further when sending in my defense or the case should be dismissed. This was rejected by the Court and a date for the hearing has been set.

The claimant cannot have any proof for monies paid as none were received. It is this proof that I would like to request during the Mediation process? Would this be the correct step? or wait 14 days before the hearing when
the claimant must submit paperwork?

[Arcadian]

Re: Mediation

What's the value of the claim?

[Diana M]

Re: Mediation

I have a claim issued against me (MCOL) which has now been allocated to a County Court. I am disputing that any monies are owed.

I have been allocated a date for the hearing and offered the option of Mediation. As I am disputing that I owe any monies to the claimant and have proof that none were received
should I accept or reject Mediation.

Would not going ahead with Mediation be frowned upon and count against me in Court?

From what you say your case has been transferred to your local county court and you have received a Notice of Hearing with Directions including when to file WS etc.

It's not unusual for those Directions to include a "Mediation is encouraged" type statement in the hope you won't need to take up the hearing slot which has been allocated. Courts overbook in the hope that some will settle in advance.

It will not be frowned upon if you don't take up that option and you won't be at risk of the other side's legal costs since your claim must be in the Small Claims Court (Mediation isn't offered to Fast Track claims) so neither the winner or the loser faces costs.

What did you put on your Directions Questionnaire about Mediation? And what did the Claimant put? It takes two to Mediate.

Di

[Diana M]

Re: Mediation

I did request that the claimant particularize the claim further when sending in my defense or the case should be dismissed. This was rejected by the Court and a date for the hearing has been set.

When you say the court rejected your request to dismiss the claim unless the Claimant particularized their POC, do you mean there was an Order made, or do you mean because the Hearing has been listed the court must have (tacitly) rejected your request?

A court won't dismiss a claim without a hearing. And a court won't list a hearing unless there has been an Application by either party (with the exception of the Trial).

So is the Hearing you've been given in relation to an Application by you? Or is it the Trial date?

Di

[Diana M]

Re: Mediation

The claimant cannot have any proof for monies paid as none were received. It is this proof that I would like to request during the Mediation process? Would this be the correct step? or wait 14 days before the hearing when the claimant must submit paperwork?

Mediation is basically a vehicle for settlement. It is not an opportunity to request information.

If you reach agreement to pay 'something' during the telephone Mediation this becomes a legally binding contract which can become a CCJ if the terms of the agreement are breached by either party.

When you say the Claimant must provide paperwork "14 days before the hearing" I expect you are referring to those court Directions which order both parties to file a Witness Statement with Exhibits which they intend to rely on in court 14 days before the hearing, so you can/must file one too.

Di

[Diana M]

Re: Mediation

You can and should ask for any documents mentioned in the Particulars of Claim as soon as possible.

The OP has already filed their Defence and the claim has been allocated to the Small Claims Court and the hearing listed so a CPR 31.14 Request does not apply now.

Di

[Diana M]

Re: Mediation

The claimant cannot have any proof for monies paid as none were received

Is your need for proof of monies paid (which you say weren't) because you are pleading Statute Barred in your Defence?

If this is a claim for a credit card, loan etc have you sent a s.77-79 CCA Request? You probably have but I thought I better check because you've not mentioned it.

If you haven't sent one do that immediately. There's a template on this forum >
http://legalbeagles.info/forums/show...=7670#post7670

Or is it a claim for something completely different?

Di

[HYG]

Re: Mediation

"What's the value of the claim?"

It is less than £5000

[HYG]

Re: Mediation

From what you say your case has been transferred to your local county court and you have received a Notice of Hearing with Directions including when to file WS etc.

It's not unusual for those Directions to include a "Mediation is encouraged" type statement in the hope you won't need to take up the hearing slot which has been allocated. Courts overbook in the hope that some will settle in advance.

It will not be frowned upon if you don't take up that option and you won't be at risk of the other side's legal costs since your claim must be in the Small Claims Court (Mediation isn't offered to Fast Track claims) so neither the winner or the loser faces costs.

What did you put on your Directions Questionnaire about Mediation? And what did the Claimant put? It takes two to Mediate.

Di

I put that I would be willing to mediate in the Directions Questionnaire - the claimant did not send me a copy of the Directions Questionnaire, therefore I do not know what the claimant stated.

[HYG]

Re: Mediation

When you say the court rejected your request to dismiss the claim unless the Claimant particularized their POC, do you mean there was an Order made, or do you mean because the Hearing has been listed the court must have (tacitly) rejected your request?

A court won't dismiss a claim without a hearing. And a court won't list a hearing unless there has been an Application by either party (with the exception of the Trial).

So is the Hearing you've been given in relation to an Application by you? Or is it the Trial date?

Di

In my response to the original claim I stated that insufficient information had been provided regarding the claim.

The hearing is for the Trial Date.

[HYG]

Re: Mediation

Is your need for proof of monies paid (which you say weren't) because you are pleading Statute Barred in your Defence?

If this is a claim for a credit card, loan etc have you sent a s.77-79 CCA Request? You probably have but I thought I better check because you've not mentioned it.

If you haven't sent one do that immediately. There's a template on this forum >
http://legalbeagles.info/forums/show...=7670#post7670

Or is it a claim for something completely different?

Di

The claim is not for a credit/finance agreement etc. IT has been sent to the small claims court and I have been offered Mediation. I cam thinking I should agree to mediation as from what I have read it may annoy the Judge if I was to refuse?